Nilsen
Nilsen v. Tesla, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ROALD NILSEN, Case No. 22-cv-07472-BLF
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS; DENYING MOTION TO
TESLA, INC., STRIKE Defendant. [Re: ECF No. 12]
12 This is a lemon law case involving an allegedly defective 2016 Tesla X that Plaintiff Roald Nilsen purchased in 2020. Nilsen asserts claims under state and federal law against Defendant Tesla, Inc., for alleged its breaches of express and implied warranties. Tesla moves to dismiss Nilsen’s claims under Federal Rule of Civil Procedure 12(b)(6) and to strike Nilsen’s requests for certain remedies under Federal Rule of Civil Procedure 12(f). Mot., ECF No. 12; see also Reply, ECF No. 19. Nilsen opposes Tesla’s motion. Opp’n, ECF No. 17. This matter is suitable for determination without oral argument. See Civ. L.R. 7-1(b). For the following reasons, the motion…